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4 Due Process in EU Competition Proceedings

Marek Martyniszyn

From: Antitrust Procedural Fairness

D. Daniel Sokol, Andrew T. Guzman

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 July 2021

Fair, reasonable, and non-discriminatory terms (FRAND) — Unfair trading conditions — European Union — Enforcement and procedure

This chapter analyses competition law procedures in the European Union through a more general lens of the four features of due process. Part I deals with the question of legal representation. Part II outlines the rules and practices concerning the parties' awareness of the charges they face and the evidence against them. With respect to these two features of due process, the EU competition law procedures are overall very progressive and can serve as a basis of good practices. The remaining discussion turns to issues in relation to which the EU competition procedures face considerable criticism. In particular, Part III presents the scope for engagement between the parties, the case teams, and final decision-makers. Part IV examines the existing checks and balances in the EU competition procedures. The conclusion notes the Commission's awareness of the critique of its procedures and the actions it undertook in response.

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